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2006 Supreme(MP) 159

R.S.JHA
Munna Lal Yadav – Appellant
Versus
Dr. Hari Singh Gour. – Respondent


Advocates Appeared:
Girish Hekre, RAJENDRA TIWARI, UDYAN TIWARI,

Judgment

( 1. ) THE petitioner, Munnalal Yadav, has challenged the order of the respondents dated 7-9-1993, by which the promotion granted to the petitioner from the post of Lab. Attendant to the post of Lab. Technician/store Keeper, Gr. II has been cancelled on the ground that the impugned order is in complete violation of the principles of natural justice and fair play as it has been passed without assigning any reason or giving any opportunity of hearing to the petitioner by way of a show-cause notice and hearing.

( 2. ) THE respondents have filed a reply to the application for grant of ad-interim writ filed by the petitioner and has submitted that the State Government had evolved a policy for the purposes of filling up the posts of Lab. Technician as no statutory rules or provisions existed in this regard. As per the policy 50% of the posts of Lab. Technician could be filled up by promotion from amongst those Lab. Attendants who had passed Higher Secondary Examination with Science subjects. This policy was adopted by the Executive Council of the respondent University. A copy of the policy decision of the State Government dated 23-9-1988 and the resolution of the respondent Univer













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